Terms & Conditions
This document contains the General Conditions of Sale that govern online purchases made through the website www.beakery.it (hereinafter the “Site”), owned by Cosmetics Group Srl (hereinafter “beakery”) with registered office in San Marzano sul Sarno (SA) CAP 84010, Via Papa Giovanni Paolo II n.3, VAT number 06195520652, REA SA – 504548.
The products and services purchased on the Site are sold directly by Cosmetics Group Srl
Beakery reserves the right to modify these General Conditions of Sale at any time; any new rules will be effective from the moment they are published on the Site and will apply to sales made starting from their publication.
Beakery invites you to carefully read these General Conditions of Sale before making any purchase through the Site to allow you to reproduce and store them in compliance with the provisions of art. 12, 3rd paragraph, Legislative Decree 70/2003. For any requests, doubts or questions relating to the Conditions and the Site, you can contact us by sending an email to help@beakery.it
All purchases of Products made through the Site (hereinafter “Purchase Contracts”) by users who access it (hereinafter “Customers” or “Customer”) are governed by these Conditions, as well as by the Consumer Code, Legislative Decree 206/2005, Distance Contracts Section and by the electronic commerce regulations Legislative Decree 70/2003.
The personal data and information provided by Customers accessing the Site will be processed by beakery in accordance with the provisions of the current legislation on the protection of personal data (EU Regulation 2016/679 GDPR).
1. Permitted use of the Site
- 1.1 By placing an order from the Site, the Customer guarantees that he or she is of legal age and has full legal capacity to place orders.
- 1.2 By placing an order from the Site, the Customer agrees not to place false and/or fraudulent orders.
- 1.3 By placing an order from the Site, the Customer agrees to place legally valid orders.
- 1.4 By placing an order from the Site, the Customer agrees to provide us with his/her email address, postal address and other true and correct contact details.
2. Products
- 2.1 Beakery offers for sale on the Site cosmetic products for skincare, body care and related accessories under the beakery brand (hereinafter, “Products” or “Product”).
- 2.2 Prices, descriptions and availability of the Products offered by beakery are specified in the respective sections of this Website.
- 2.3 Beakery strives to describe and present the items sold on the site as accurately as possible. However, some errors, inaccuracies, or small differences between the site and the actual product may occur. In the event of discrepancies, the label should always be used as the reference.
- 2.4 The photographs of the products presented on the Site do not constitute a contractual element, as they are merely representative and have a purely indicative value.
- 2.5 Beakery does not undertake to match the visual representation of the Products on the Site with the actual Products.
3. Product Availability
- 3.1 Product availability refers to actual availability at the time the Customer places the order on the Site. However, this availability must be considered purely indicative due to the simultaneous presence of multiple potential buyers on the Site. If a Product indicated as available at the time of the Customer's order is no longer available due to the above, beakery will duly notify the Customer by email to the address provided by the Customer.
- 3.2 Notwithstanding the foregoing, the Customer acknowledges that, even after beakery has sent the order confirmation email, there may occasionally be partial or total unavailability of the ordered Products. In this case, beakery will notify the Customer via email, and the order will be shipped within 60 days of the Customer's purchase date. If the Customer requests cancellation of the order, thereby terminating the Contract, beakery will refund the full amount paid within 30 days of receiving the Customer's order cancellation notice. The refund will be made using the same payment method used by the Customer for the order.
4. Product Prices
- 4.1 The prices of the products offered for sale on the beakery website are indicated in euros, inclusive of VAT and any other applicable taxes and duties, but exclude delivery costs, which are to be added to the total amount to be paid, and any customs duties and/or local tariffs, which are the responsibility of the recipient.
- 4.2 The Customer accepts beakery's right to modify Product prices and shipping costs at any time. For the purposes of payment by the Customer for the relevant Product purchase order, the price indicated on the Site at the time the order is created and indicated in the confirmation email sent by beakery to the Customer will be valid.
5. Payments and Billing
- 5.1 Payment for purchased Products can be made online at the time of ordering. The Customer can choose between the following payment methods: credit card, PayPal, and Apple Pay. Beakery accepts the following credit cards: VISA, MASTERCARD, AMERICAN EXPRESS, POSTEPAY.
- 5.2 Credit cards will be subject to verification and authorization by the card issuer. By clicking "Authorize Payment," you confirm that the credit card is yours. If the card issuer does not authorize the payment, we will not be able to finalize the Purchase Agreement with the customer, and beakery will not be responsible for any delay or failure to deliver the Products.
- 5.3 In the event of payment by credit card pursuant to Article 5.2 above, the Customer must provide the requested information. It is understood that this information will be managed directly by the issuing institutions. If the purchase is successful, the payment system will send the Customer a confirmation email.
- 5.4 In the event of payment via Apple Pay or Google Pay pursuant to the previous Article 5.2, the Customer must provide the requested data. It is understood that such data will be managed directly by Apple or Google.
- 5.5 PayPal: The customer is redirected to the PayPal website, where they will enter their details and proceed with the payment. With PayPal, the customer's bank details are never shared with beakery. Payment via PayPal is available to all customers who wish to use PayPal to pay with their credit card and to all customers who have a PayPal account.
- 5.6 Beakery issues an invoice for the purchased Products upon receipt of the order by the courier, sending it via email to the Customer. No changes to the data will be possible after the invoice has been issued.
6. Promotions and discount coupons
- 6.1 Any discount coupons or promotional codes may be entered when the Customer completes the purchase order.
- 6.2 In the absence of specific communication, the discount coupon cannot be cumulated.
7. Refusal of an order
- 7.1 Beakery reserves the right, in any case, to suspend or cancel, at its sole discretion and at any time, the execution of an Order and/or the shipment of the ordered products in the event of non-payment or partial payment of any sum payable by the Customer, in the event of late payment or in the event of fraud or attempted fraud through the use of the beakery Website.
- 7.2 Beakery reserves the right to refuse orders from a Customer who has been involved in fraud of any kind and, in particular, credit card fraud.
- 7.3 Beakery also reserves the right to refuse orders from Customers who have provided identification data that turns out to be false, incomplete or otherwise inaccurate.
- 7.4 Beakery reserves the right to refuse any order sent by the Customer, at its sole discretion, without the Customer being able to make any claims whatsoever, for any reason whatsoever, including compensation, in the event of non-acceptance of the order.
8. Product shipments, delivery and acceptance
- 8.1 The Products will be delivered to the address indicated by the Customer in the order and reported in the order confirmation sent by beakery via email.
- 8.2 The Products will be delivered using the method chosen by the Customer, and delivery times will vary depending on the chosen delivery method and destination. The delivery times indicated at the time of the Purchase Order are purely indicative.
- 8.3 Beakery is not liable for any delays in processing your order or delivering the Products covered by the Purchase Agreements. If, for any reason, Beakery is unable to meet the delivery deadlines, we will inform you and give you the option of continuing your purchase by setting a new delivery date or canceling the order.
- 8.4 The Customer undertakes to promptly check, as quickly as possible, that the delivery includes all and only the Products purchased and to promptly inform beakery of any defects in the products received or any discrepancies from the order placed, by sending a specific report (by sending an email to help@beakery.it).
- 8.5 Shipping costs within Italy are €6.90 (including VAT) for all orders of €49.99 (including VAT) or less. Shipping costs within Italy are free for orders of €60.00 (including VAT) or more. Orders are shipped via local shipping agencies or BRT/SDA/GLS.
Standard shipping times for orders within Italy are 48-72 hours on working days, excluding islands. Shipping times may, however, extend up to a maximum of 5 working days (excluding Saturdays, Sundays, and holidays) due to exceptional circumstances.
9. Shipping costs, duties and taxes
- 9.1 The shipping costs of the Products are not included in the purchase price of the same shown on the Site, but are indicated and calculated at the end of the purchase process and before making the payment.
- 9.2 If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reported in the order confirmation sent by email by beakery, including indirect taxes (where applicable), is net of any customs duties and any other sales taxes, which the Customer hereby undertakes to pay, if due, in addition to the price indicated in the order and reported in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered.
- 9.3 The Customer shall be solely responsible for any and all additional costs, charges, taxes and/or duties that a country may apply, for any reason whatsoever, to the Products ordered on the Site in accordance with these General Conditions of Sale.
- 9.4 The Customer declares and accepts that lack of knowledge – at the time of sending an order to beakery – of costs, charges, duties, taxes and/or charges of any nature whatsoever shall not in itself constitute grounds for termination of these General Conditions of Sale or of the Contract and, in any case, the Customer shall not in any way be able to charge the aforementioned charges to beakery.
10. Purchase procedure
- 10.1 The Customer can begin the purchasing process by selecting the products he is interested in and placing them in the appropriate “Cart”.
- 10.2 To proceed with the purchase of the Products, the Customer must complete and send to beakery the order form available on the Site, choose the delivery method and accept the contribution for delivery costs.
- 10.3 Once this operation is completed, the Customer will see a screen containing the summary of the purchase order, including delivery costs, with a request for further confirmation to proceed with the purchase.
- 10.4 After viewing the summary, the Customer must select the desired payment type and send the order by clicking on the appropriate button.
- 10.5 The sending of the order by the Customer determines the conclusion of the contract and creates the obligation for the Customer to pay the price, taxes and any additional charges and expenses.
- 10.6 The Site offers a guest purchasing option, which requires only the essential data required to process the Order. Upon completion of the purchase process, you will be given the option to register as a user or continue as an unregistered user.
11. Methods of completing the contract
- 11.1 All information provided in the Conditions does not constitute a public offer, but an invitation to the definition of a contractual proposal.
- 11.2 The order sent by the Customer has the value of a contractual proposal and implies complete knowledge and acceptance of the Conditions.
- 11.3 The Purchase Agreement between beakery and the Customer shall be deemed concluded upon beakery's sending of acceptance of the order via email to the Customer's address (hereinafter "Order Confirmation"). The email will contain, in addition to the information required by law, all data entered by the Customer, who undertakes to verify its accuracy and promptly communicate any errors. Any additional costs resulting from data errors not promptly reported by the Customer will be the sole responsibility of the Customer.
12. Force majeure events
Beakery will not be liable for any failure or delay caused by events beyond its control. Force Majeure Events means any act, event, or incident beyond its control, including, but not limited to: natural disasters, terrorist acts, strikes, power outages; unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries impossible.
13. Direct right of withdrawal reserved for consumers
- 13.1 In accordance with applicable legal provisions, the Customer who is also a "consumer" pursuant to the Consumer Code has the right to withdraw from the Purchase Agreement without penalty and without specifying the reason within 14 days from the date of receipt of the Products. Pursuant to art. 59 of the Consumer Code (Legislative Decree no. 206 of 2005 and subsequent amendments), the right of withdrawal referred to in this article is excluded in the case of purchase of sealed Products that are not suitable for return for hygiene or health protection reasons and were opened after delivery (art. 59, letter E of the Consumer Code).
- 13.2 It is understood that in the event of multiple purchases made by the Customer, who is also a "consumer" pursuant to the Consumer Code, with a single order and delivered separately for any reason, the 14-day period will run from the date of receipt of the last Product purchased with the same order.
- 13.3 The Customer, who is also a "consumer" pursuant to the Consumer Code, who intends to exercise the right of withdrawal must communicate this to beakery via an explicit declaration, which must be sent by email to help@beakery.it
- 13.4 In the event of exercising the right of withdrawal, the Customer is required to return the Products within 14 days of communicating to beakery their intention to withdraw from the Contract. The Products must be returned to Cosmetics Group Srl, Via Papa Giovanni Paolo II, N.3 San Marzano sul Sarno (SA) 84010, using a carrier of their choice, without undue delay and in any case within 14 days of communicating their decision to withdraw from the Contract. The direct costs of returning the Products are borne by the customer.
- 13.5 The Products must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment) and with all the attached tax documentation.
- 13.6 The refund will be denied if: 1) the Product is returned damaged and/or worn; 2) the Product has been visibly used; 3) an item other than the Product to be returned is returned.
- 13.7 Without prejudice to the right to verify compliance with the return conditions set forth above, beakery will refund the amount of the Products subject to withdrawal, excluding return costs, within a maximum of 14 days. It is understood that beakery may withhold the refund until receipt of the Products and verification of the Customer's compliance with all return conditions.
- 13.8 Beakery will arrange the refund using the same payment method chosen by the Customer when concluding the Contract.
14. Beakery Disclaimer and Release of Liability
- 14.1 The Customer is requested to ensure that they are not allergic to any of the ingredients of the Products before application. Beakery cannot be held responsible for any reactions to the ingredients of the products sold. None of the Products should be used as a substitute for clinical/medical treatments. Any usage recommendations provided on the Site are for informational purposes only.
- 14.2 Beakery attempts to present the Products on the Site as truthfully and accurately as possible. However, the display of Product colors also depends on the user's monitor and, consequently, beakery cannot guarantee that the Customer's monitor will accurately represent the colors of the Products.
- 14.3 Except in cases of wilful misconduct or gross negligence, beakery shall not be liable to the Customer under any circumstances as a result of:
– damages or losses of any kind, including but not limited to direct, indirect, incidental and consequential damages, arising directly or indirectly from the use or inability to use the Site;
– damages or losses of any nature, including but not limited to direct, indirect, incidental and consequential damages, arising directly or indirectly from the Products (or their use by the Customer), without prejudice in any case to the application of the mandatory provisions of law regarding manufacturer's liability;
– damages which have not been caused by serious breach of contract by the beakery;
– loss of business or business opportunities.
Within the limits specified above, beakery's liability may not in any case exceed the price paid by the Customer for the Product that caused the damage complained of.
14. Non-conformity of products and defective products
- 15.1 The Products offered on the Site comply with national and EU legislation.
- 15.2 If, upon delivery, you believe the Product does not conform to the description published on the Site, or to the contract, or if the Product is faulty or defective, you will be entitled to a refund of the price paid for the Product if the non-conformity, fault, or defect actually exists. To this end, you must immediately contact beakery by sending an email to help@beakery.it. After the necessary checks, you will be informed of the refund procedure.
- 15.3 In any case, the provisions regarding the Legal Guarantee of Conformity of goods set forth by the applicable legislation and in particular by the Consumer Code (Legislative Decree 206/2005, Part IV, Title III, art. 128 et seq.) remain unaffected.
16. Communications and complaints
- 16.1 All communications addressed to beakery must be sent using the appropriate tools on the Site.
- 16.2 Beakery reserves the right to send any communications via email or post to the address provided when placing the order.
17. Intellectual property rights
- 17.1 All content on the Site and the Products, including copyrights, trademarks, and any other intellectual property rights relating to the Site's content and materials, is the property of beakery and is protected by copyright and other intellectual property laws. Any use of the same, even partial, is prohibited without the prior written authorization of beakery, which reserves all related rights exclusively.
- 17.2 Any use of the Site's content and materials for training artificial intelligence (AI) systems, as well as the use of automated data scraping methods, is strictly prohibited.
- 17.3 Beakery has the right, at any time, to claim ownership of any Content posted on the Site and the Products and to object to any use, distortion or other modification of such Content.
18. Partial nullity
In the event that any provision of the Conditions, or part thereof, should be invalid, illegal or unenforceable by the competent Authority, even in part, or there is a gap in the provisions of the Conditions and/or the contract, the remaining provisions will in any case remain valid, effective and applicable.
19. Applicable law and competent court
- 19.1 The General Conditions and any purchase contract concluded between the Parties are governed by Italian law, without prejudice to any other mandatory law prevailing in the Customer's country of residence.
- 19.2 In the event of a dispute arising from the interpretation and/or application of the General Conditions, the Consumer Court shall have jurisdiction, i.e. the court of the place of residence or domicile of the Customer, if located in Italy.
20. Complaints
For any complaints, please contact beakery by completing and submitting the form available on the Site or by email to help@beakery.it.
Customer service will handle the complaint received as quickly as possible and, in any case, in compliance with the legally established deadlines.
21. Privacy
The Customer must read the privacy information provided on the E-commerce site in the Privacy Policy area.